Dutch
Civil Code
Book 7A Particular Contracts
Title Title 7A.13 Loan for use
Section 7A.13.1 General provisions
Article 7A:1777 Definition ‘loan for use contract’
A loan for use contract is a contract under which one of the parties (lender)
gives a thing for use gratuitously to the other party (borrower) under
the condition that the other party, who receives that thing, shall give
it back after he has used it or after a specific period of time.
Article 7A:1778 Lender remains owner
The lender stays the owner of the lend out thing.
Article 7A:1780 Death of the lender or borrower
- 1. The obligations arising from a loan for
use contract pass on to the heirs of the lender or, respectively, his
spouse or registered partner when his estate is divided in accordance
with Article 4:13, and pass on to the heirs of the borrower.
- 2. But when the thing has been lend out only
because of the personal relation to the borrower, his heirs may not continue
the further use and enjoyment of the thing.
Section 7A:13.2 Obligations of the borrower
Article 7A:1781 Observe prudence
- 1. The borrower is obliged to keep and preserve
the received thing as a prudent person would keep and preserve it.
- 2. He may not use the thing in another way
than in conformity with its nature or than in conformity with what has
been agreed upon.
Article 7A:1782 Loss of the thing
If the lend thing gets lost by coincidence, while the borrower could have
prevented such loss by using his own thing or, if the borrower was only
able to preserve one of the things and he has given priority to that of
his own, he shall be liable for the loss of the lend thing.
Article 7A:1783 Prior estimation of the value of the lend out thing
If the value of the lend out thing has been estimated before it was handed
over, the loss of the thing shall, even when this was caused by coincidence,
be for account of the borrower, unless agreed otherwise.
Article 7A:1784 Decrease in value of the lend out thing
Where the lend out thing has decreased in value merely as a result of
the use for which it was lend out and without any fault of the borrower,
the latter shall not be liable for such decrease in value.
Article 7A:1785 Costs made by the borrower
Where the borrower has made costs in order to be able to use the received
thing, he cannot claim these back from the lender.
Article 7A:1786 Two or more borrowers jointly
When a thing has been lend out for use to two or more persons jointly,
each of them is joint and several liable for the return of that thing
and for the payment of compensation in respect of damage caused by a failure
to comply with this obligation, unless that failure is not attributable
to one of them.
Section 7A:13.3 Obligations of the lender
Article 7A:1787 No premature return
The lender may not claim the return of the lend out thing before the expiration
of a specific period of time or, in the absence of such stipulation in
the contract, before the thing is used or could have been used for the
purpose for which it was lend out.
Article 7A:1788 Lender is in urgent need of the thing himself
If the lender, however, before the end of the agreed period of time or
before the moment on which the borrower no longer needs the thing, is
in need of the use of it himself, the court may, depending on the circumstances,
order the borrower to give the thing back to the lender.
Article 7A:1789 Compensation of urgent costs necessary for the preservation
of the thing
Where the borrower during the period of the loan for use had to make exceptional
costs necessary for the preservation of the thing, which he had to make
so urgently that he was not able to notify the lender before he made them,
the lender must compensate these costs to the borrower.
Article 7A:1790 Liability of the lender for defects in the lend out thing
Where the lend out thing has such defects that it could damage the borrower
and the lender was aware of these defects but nevertheless did not inform
the borrower about them, the lender shall be liable for the consequences
thereof.
Title 7A:14 Loan for consumption
Section 7A.14.1 General provisions
Article 7A:1791 Definition 'loan for consumption'
A loan for consumption is a contract under which one of the parties (lender)
shall deliver a certain number of consumable goods to the other party
(borrower), under the condition that this other party shall deliver back
the same number of goods of the same kind and quality.
Article 7A:1792 Transfer of ownership of the consumable goods
The borrower who has received consumable goods under a loan for consumption
becomes the owner of those goods and bears the loss when these goods,
for whatever reason, perish.
Article 7A:1793 Nominal amount indebted on a loan
Where money has been lend out, the debt shall consist only of a nominal
sum of money as specified in the contract.
Section 7A.14.2 Obligations of the lender
Article 7A:1796 Requirements for claiming the return of what was lend
out
What the lender has lend out, cannot be claimed back by him prior to the
moment on which the period, determined under the contract, has expired.
Article 7A:1797 No time stipulation agreed for the return of what is lend
out
When no time stipulation has been agreed, the court may, when the lender
claims the return of the goods, grant the borrower, depending on the circumstances,
some delay.
Article 7A:1798 Stipulation that the borrower shall return the goods when
he is able to do so
When parties have agreed that the borrower shall return the received goods
when he is able to do so, the court may, depending on the circumstances,
set the time for the return of the goods.
Article 7A:1799 Applicability of Article 7A:1790
The provisions of Article 7A:1790 apply to a loan for consumption.
Section 7A.14.3 Obligations of the borrower
Article 7A:1800 Main obligations of the borrower
The borrower is obliged to deliver back the same number of goods of the
same kind and quality at the appropriate time.
Article 7A:1801 Legal effects when the borrower is unable to return the
same kind of goods
- 1. Where it is impossible for the borrower
to comply with the obligation of the previous Article, he must pay the
value of the goods received, calculated with due observance of the time
when and the place where the goods should have been delivered back.
- 2. If no time and place have been determined,
the payment must be equal to the value which the received goods had at
the time when and the place where the lender delivered them to the borrower.
Section 7A.14.4 Loan for interest
Article 7A:1804 Interest determined in writing
The sum of interest stipulated under the contract, must be determined
in writing.
Article 7A:1805 The sum of interest has not been stipulated
If the lender has lend money for interest, but the sum thereof has not
been determined, the borrower must pay the statutory interest.
Article 7A:1806 Receipt of payment without reservations in regard of the
interest
A receipt acknowledging the payment of the principal sum without any reservations
in regard of interest, constitutes the presumption that the debtor is
discharged from the payment of interest.
Article 7A:1807 Definition of ‘perpetual annuity’
The set up of a perpetual annuity is a contract under which the lender
has stipulated a periodically paid interest against payment of a principal
sum which he shall not reclaim.
Article 7A:1808 Right of redemption of the debtor
- 1. The interest on a perpetual annuity may,
by its nature, be redeemed by the debtor.
- 2. Parties may agree only that such redemption
shall not take place than after the expiration of a specific period of
time, which may not be longer than ten years, or without any prior warning
of the creditor, with due observance of a period set for this purpose
in advance by them, which may not be longer than one year.
Article 7A:1809 Obligation of the debtor to make a redemption
The debtor of a perpetual annuity may be forced to a redemption:
1° if he has paid nothing for two consecutive years on the interest
due;
2° if he fails to provide the lender the security (collateral) promised
under the contract, or;
3° if he is declared bankrupt or if the Debt Repayment Scheme for
Natural Persons has been declared applicable to him.
Article 7A:1810 Relief from the obligation of redemption
In the situations mentioned under 1° and 2° of the previous Article,
the creditor may relief himself from the obligation of redemption if he
pays off, within twenty days, to be calculated as of the judicial notice
of payment, all interest that is due and demandable at that moment and
provides the promised security (collateral).
Title 7A.16 Contract of chance
Sections 7A.16.2 and 7A:16.3 [repealed]
Section 7A.16.3 Game and gambling contracts
Article 7A:1825 No right of action to claim the debt
The law does not permit any legal claim (right of action) with respect
to a debt arisen from a game or a bet.
Article 7A:1826 Games suitable for physical practice
- 1. The above mentioned provisions, however,
do not enclose those games suitable for physical practice, like fencing,
racing and such.
- 2. Nonetheless, the court may deny or reduce
the claim when it things its excessive.
Article 7A:1827 Mandatory law
It is not allowed to derogate from the previous two Articles in any way.
Article 7A:1828 Voluntary payment of loss
The person who has paid his loss voluntarily may not reclaim it, except
in the case of fraud, tricks are swindle on the part of the person who
won.
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